November 1, 2021
WHEREAS, on September 2, 2021, the federal monitor in the Nunez use-of-force class action litigation stated steps must be taken immediately to address the conditions in the New York City jails; and
WHEREAS, excessive staff absenteeism among correction officers and supervising officers has contributed to a rise in unrest and disorder, and creates a serious risk to the necessary maintenance and delivery of sanitary conditions; access to basic services including showers, meals, visitation, religious services, commissary, and recreation; and prompt processing at intake; and
WHEREAS, the Department of Correction’s (DOC’s) staffing shortages are affecting health operations, including the availability of escorts to bring patients to the clinics and of DOC personnel to staff the clinics; and
WHEREAS, this Order is given to address the effects of excessive staff absenteeism and in order to address the conditions at DOC facilities; and
WHEREAS, on September 15, 2021, I issued Emergency Executive Order No. 241 and declared a state of emergency to exist within the correction facilities operated by the DOC, most recently extended by Emergency Executive Order No. 264, and such declaration remains in effect;
NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:
Section 1. I hereby direct that section 1 of Emergency Executive Order No. 276, dated October 29, 2021, is extended for five (5) days.
§ 2. I hereby direct the suspension of Board of Correction minimum standards §1-05(b), §1-08(f), §6-04, §6-07, §6-11, §6-24, §6-27, and §6-28(e-g).
§ 3. I hereby direct that any DOC correction officer or supervising officer who is confined to their residence on account of reporting sick, and who is deemed in violation of their permitted “out-of-residence” hours, or is determined by DOC to have otherwise abused the Department’s sick leave policy, shall be suspended for up to thirty days without pay pending hearing and determination of disciplinary charges.
§ 4. This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.
Bill de Blasio,